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STATE v. PHILLIPS

A172538 (Control) A172782.

503 P.3d 1282 (2022)

317 Or. App. 169

STATE of Oregon, Plaintiff-Respondent, v. Dusten Wade PHILLIPS, Defendant-Appellant.

Court of Appeals of Oregon.

January 26, 2022.

Attorney(s) appearing for the Case

Francis C. Gieringer, Deputy Public Defender, argued the cause for appellant. Also on the briefs was Ernest G. Lannet, Chief Defender, Criminal Appellate Section, Office of Public Defense Services.

Peenesh Shah, Assistant Attorney General, argued the cause for respondent. Also on the brief were Ellen F. Rosenblum, Attorney General, and Benjamin Gutman, Solicitor General.

Before James, Presiding Judge, Lagesen, Chief Judge, and Kistler, Senior Judge.

A jury found defendant guilty of first-degree animal abuse under ORS 167.320(1)(a) for shooting a dog. The dog had charged defendant and defendant shot it once in self-defense, and then a second time because, according to defendant, the dog was suffering great pain from the first shot. The animal abuse charge was based on the second...

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